WHITWORTH SPY TRIAL TO OPEN

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00965R000504210012-0
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
3
Document Creation Date: 
December 22, 2016
Document Release Date: 
January 24, 2012
Sequence Number: 
12
Case Number: 
Publication Date: 
March 3, 1986
Content Type: 
OPEN SOURCE
File: 
AttachmentSize
PDF icon CIA-RDP90-00965R000504210012-0.pdf336.4 KB
Body: 
Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210012-0 Whitworth Spy Trial to Open Defendant Last of Four in Walker Ring By Ruth Marcus Washington Post Std( Writer SAN FRANCISCO-The trial of 5 retired Navy communications ex- pert Jerry Alfred Whitworth is to start in federal court here this week in a case that should provide the fullest public picture yet of the dam- age allegedly caused by the Walker spy ring and an unprecedented glimpse into the arcane, superse- cret world of military communica- tions and codes. Whitworth. 46 the last of four Navy men charged in the Walker- espionage ring, to appear in court, is charged with 13 counts of espio- nage, conspiracy and federal in- come tax violations. The government alleges that, from 1974 until John Anthony Walker Jr.'s arrest May 20, 1985, Whitworth conspired with Walker to pass classified defense docu- ments and information. He received more than $332,000, according to the government. A senior chief radioman when he retired from the Navy in 1983 after a 21-year career, Whitworth "re- ceived training in virtually all as- pects of Navy communications and served both at sea and at Navy bases ashore in positions that per- mitted him access to a broad soec- trum of sensitive military commu- nications," according to a federal indictment. The most sensitive of the infor- mation allegedly funneled to the Soviets was "cryptographic keylists and key cards," the daily-changing codes that are used to encrypt and read classified messages, along with technical manuals and design plans for the coding machines them- selves. With the logic diagrams" contained in the manuals, prosecu- tors said in court papers filed last month, "a sophisticated adversary having modem computer capabil- ities" would have been able "to re- create the encryption machine." Armed with both pieces of the cryptographic puzzle, sources famil- iar with the technology said, the Soviets would have been able to listen freely to some sensitive Navy communications. The Whitworth trial is expected to disclose what channels of communications may have been compromised and how sensitive they were. . . The star witness at Whitworth's trial, which is expected to last eight to 10 weeks, will be his Navy col- league and close friend Walker, 48, a retired Navy chief warrant officer and Norfolk private detective. Walker masterminded the espi- onage ring that ipcluded his broth- er, retired Navy Lt. Cmdr. Arthur James Walker, 51, and John Walk- er's son, Navy Seaman Michael Lance Walker, 23. John Walker's agreement to testify against Whit- worth provided a crucial link in the prosecution's case, which until then was largely circumstantial. John Walker pleaded guilty in federal court in Baltimore Oct. 28 to conspiring to commit espionage with the two other Walkers and Whitworth. Under the plea agree- ment, he is to be sentenced to life in prison. He promised to testify against Whitworth in return for a reduced sentence for his son, who also pleaded guilty and will be sen- tenced to 25 years. Arthur Walker was convicted Aug. 9 of giving John Walker two reports marked "confidential," the lowest category of classified infor- mation, from VSE Corp., a Ches- apeake, Va., firm where Arthur Walker worked as an engineer. If U.S. District Judge John P. Vu- kasin Jr. permits it. Arthur Walker and Michael Walker are also ex- pected to be called on by prosecu- tors to corroborate Jbhn Walker's story-marking the first time ei- ther will have detailed publicly his espionage activities. According to court documents, John Walker urged his brother to "operate like Jerry, who was making big bucks" photographing classified documents for John Walker. John Walker's ex-wife, Barbara Joy Crowley Walker, and his daugh- ter, Laura Walker Snyder, whom John Walker tried to recruit to spy when she was an Army communi- cations specialist, are also on the government's list of potential wit- nesses, as is Pamela K. Carroll, a former girlfriend of John Walker. In addition to the first public statements by Walker about the origins and operation of the spy ring, the trial will feature testimony by Earl Clark, the former deputy chief of communications security at the National Security Agency, who is to discuss the importance of se- cure military communications and explain to the jurors how the coding machines and cards work. Clark is expected to bring one of the coding machines into court to demonstrate its operation. The overnment's witness list inclu director of the National Security Agency an former deputy director o the IA; Vice Adm. Robert E. Kit sey. a director of the Navy division that handles cryptography and communications; Rear Adm. Lawrence Layman, head of naval communications, and Gerald Rich- ard, an FBI expert in Soviet spy methods, or "tradecraft " On June .12, nine days after Whit- worth's arrest and at the height of public attention to the Walker case, Chief of Naval Operations Adm. James D. Watkins provided the first official assessment of the potential damage done by the ring. He said that the loss appeared to be "very serious" but "not catastrophic," and that the biggest damage was in the area of communications. Whitworth's trial will offer the first public damage assessment since then-other than testimony at Ar- thur Walker's trial, which was lim- ited to the two reports he passed to the Soviets-and the first since Walker agreed to provide details about the operations of the spy net- work. The defense case will focus pri- marily on attacking Walker, accord- ing to defense lawyer James Lar- son. "We think the central issue in Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210012-0 Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210012-0 the case really is the credibility of John Walker,* Larson said. He said the defense will attempt to under- mine Walker's story by "going into what he says very thoroughly and very carefully." Larson said he planned to call some defense witnesses, unlike law- yers for Arthur Walker, who rested their case without presenting a de- fense. But, Larson said, "A lot of our defense will consist of cross-ex- amination of their witnesses, not necessarily presenting alternative" witnesses: One potential defense witness is Whitworth himself., In papers filed Feb. 7, defense lawyers argued that the case against Whitworth should be split in two, with the espionage charges tried separately from the tax counts. Although they did not explain why, defense lawyers Lar- son and Tony Tamburello said Whitworth "wishes to testify con- cerning the espionage charges but not the tax and fraud allegations." The motion to sever the charges is pending. Vukasin is to hear arguments today on a renewed bid by Assistant U.S. Attorneys William Farmer Jr. and Leida B. Schoggen to introduce a series of letters to the FBI from "RUS" offering to expose a "signif- icant espionage system." Prosecu- tors contend that Whitworth wrote the letters, but Vukasin has ruled against their introduction. Jury selection, which is expected to begin tomorrow, is expected to consume a week because of the publicity the Walker cases have generated. Whitworth was sitting at the per- sonal computer in his Davis, Calif., mobile home on the morning of May 20, 1985, writing a letter to John Walker, when two FBI agents rang the doorbell. Walker, they informed him, had been arrested and charged with es- pionage. "I was dumbfounded and didn't respond immediately," Whit- worth wrote in an affidavit .... "I don't exactly recall my response, but I think it was something like, 'I don't know what to think.' " Hours earlier, FBI agents had arrested Walker in a hallway of the Rockville Ramada Inn. Agents trail- ing Walker had seen him near a se- cluded site in Poolesville, in west- ern Montgomery County, where they later found a bag disguised as trash and filled with classified doc- uments from the aircraft carrier USS Nimitz, where Michael Walker was working as a clerk in the ship's operation's department. Also contained in the bag were two "Dear Friend" letters from Walker to his, Soviet handler. "'D' continues to be a puzzle," Walker wrote. "He is not happy, but is still not ready to continue our 'cooper- ation' .... My guess ... he is go- ing to flop in the stockbroker field and can probably make a modest living in computer sales." Walker included two "Dear Johnny" letters from "D" himself, which discussed, among ether things, "news about Brenda's job prospects." Whitworth's wife is Brenda Reis; Whitworth, who had retired from . the Navy in October 1983, was studying to be a stockbroker, hav- ing decided to abandon the idea of computer sales, FBI agents had already been alerted to Whitworth's possible in volvement by two "confidential in- formants" later identified as Barba- ra Walker and Laura Walker Sny- der, who told them of West Coast man named "Jerry Wentworth" who was allegedly part of the spy ring. In a search of Walker's Norfolk house, agents found-among other things-papers that identified "D" as "Jer," and handwritten notes that dealt with secure Navy communi- cations systems and that contained one of Whitworth's fingerprints, according to court papers. Two weeks after they first knocked on his door, the FBI issued an arrest warrant for Whitworth, who turned himself in at the FBI's San Francisco office. As portrayed in the indictment, the espionage conspiracy between Whitworth and Walker started in 1974 at a meeting in Boom Tren- chard's Flare Path restaurant and bar in San Diego. The Navy colleagues had met a few years earlier when Whitworth was a communications instructor at the Service School Command in San Diego and Walker was assistant di- rector of the Radioman "A" school there. Walker had been spying for the Soviets since 1968, but by 1974-two years before his retire- ment from the Navy-he had appar- ently decided to expand his opera- tions. At Boom Trenchard's, the indict- ment alleges, the two men "formed an espionage partnership whereby Walker would eventually be respon- sible for the transportation and sale of classified information and Whit- JERRY ALFRED WHITWORTH ... espionage trial begins this week worth would be responsible for ob- taining such information, the profits from the enterprise to be split equally between them." The indictment details a series of more than 20 meetings, in Califor- nia, Norfolk, Hong Kong and the Philippines, at which Whitworth allegedly passed classified informa. tion to Walker. The meetings were often followed shortly by meetings betwen Walker and his Soviet con- tact, according to the indictment. In addition to the charge that he conspired with Walker to commit espionage. Whitworth faces eight counts of espionage for allegedly passing Walker classified information from the aircraft carrier USS Con- stellation, the USS Niagara Falls, 'the Naval Telecommunications Center at Alameda, Calif., and the nuclear air- craft carrier USS Enterprise. At those postings Whitworth held in- creasingly responsible jobs in com- munications, with access to intelli- gence messages and coding material. Whitworth, a balding, bearded, studious-looking man who has been held without bond since his arrest, grew up on a 600-acre wheat and soybean farm in Muldrow, Okla., near the Arkansas border. He was voted "class clown" at Muldrow High and left home at age 17. He joined the Navy in 1962, and he specialized in communications in a career that took him across the globe. Whitworth's uncle, Willard Owens, said Whitworth "sounds great" despite nine months in jail and remains optimistic about his chances for acquittal. "He believes that he's going to come free of the thing," Owens said. A Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210012-0 Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210012-0 His twice-weekly conversations with Whitworth, he said, touch on the monotony of the jail food and the newspapers and magazines Whit- worth has been reading but they mostly focus on life in Muldrow. "We talk about things here at home mostly," he said, "about the farm and the way it used to be and the way it will be when he comes out." Prosecutor: `The Best Job a Lawyer Can Have' William S. Farmer Jr., the chief prosecutor in the Whitworth case, believes that being a federal prosecu- tor "is the best job a lawyer can have." A banker's son who grew up in the South but fell in love with San Francisco "after having taken one cable car ride," Farmer, who is known as "Buck," started in the San Francisco office of the Justice Department's antitrust division, working on oil mergers and timber bid-rigging cases. He switched to the U.S. attorney's office in 1979 in order to get more trial experience, but he still likes to handle complex cases. "The quick case, the routine stuff is not so much a challenge because ... one person's dope case is going to look like another person's dope case," said Farmer, a graduate of Princeton University and the University of Texas Law School. Farmer, 44, who is being assisted at the trial by As- sistant U.S. Attorney Leida B. Schoggen, worked on the espionage case against James Harper, an electron- ics engineer who helped his wife sell stolen documents from a Palo Alto, Calif., defense contractor to Polish intelligence agents. Harper pleaded guilty in 1984 and was sentenced to life in prison. But the most memorable of the cases handled by the U.S. attorney's office during Farmer's six years there was one that involved hint a bit too personally. Farmer was sitting in his office one day in 1982, he recalled, when "just on a whim" he chose to accept a collect telephone call from an inmate at Lompoc Prison. Farmer had successfully prosecuted a Colombian co- caine dealer, Jose Robert Gomez-Soto, who was serving time at Lompoc. The inmate caller, Leon (Magic) Colburn, told Farm- er that Gomez-Soto was plotting to assassinate Farmer, the federal judge who had sentenced him, several wit- nesses and federal agents. "Magic" was supposed to be the hit man, and the FBI arranged to have him cooperate, but there were some nerve-racking days, Farmer recalled, "when I was wor- ried to death that 'Magic' wouldn't be taken out of pris- on and Gomez-Soto would go through some other line of communication [to arrange the hit] and we wouldn't know anything about it." The plot was foiled, and Gomez-Soto and his son were eventually convicted of conspiracy to murder, but "it was a harrowing experience," Farmer said. "At the time I didn't appreciate the fact that I was scared." - Ruth Mamas Larson Takes on `Most Challenging' Case Jerry Whitworth's chief defense lawyer, James Lar- son, is no stranger to defending underdogs. A graduate of Stanford University and UCLA law school, Larson said he was active in "the movement" during the 1960s and ended up representing "draft re- sisters, black liberation groups, prisoners and alleged lefties." The most celebrated was Wendy Yoshimura, a Symbionese Liberation Army member captured with heiress Patricia Hearst in San Francisco in 1975. Yo- shimura was convicted of illegal possession of weapons and explosives in connection with terrorist activity in Berkeley, Calif., in the early 1970s. "Philosophically and politically I am always concerned with the abuse of power by the government, and I think there are a lot of interesting intellectual and moral is- sues involved in criminal law," Larson, 42, said in a re- cent interview. The Whitworth case is Larson's first espionage trial, and "it's definitely the most challenging of all," he said. "Particularly in this case, you've got the full weight and power of the government coming down on an individual, and the drama basically takes place on the front page of the newspaper. It really calls upon every resource that you've got to defend him." Larson has been working full time on the Whitworth case for about six months. His cocounsel is Tony Tam- burello, who has simultaneously been preparing to han- dle the retrial of Larry Layton, former People's Temple member charged with conspiracy in the 1978 slaying of a California Democratic congressman Leo J. Ryan at Jonestown, Guyana. Tamburello's fees are being paid by the government because-although the federal death penalty for spying has been invalidated-espionage under the law is still technically a capital crime that entitles a defendant to a second lawyer. "I'm certainly looking forward to a resolution of the case," Larson said. "I think it's going to be a very inter- esting trial." - Ruth Marcus Declassified and Approved For Release 2012/01/24: CIA-RDP90-00965R000504210012-0